Can a company require a pre-employment drug test without first making a contingent offer?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a company require a pre-employment drug test without first making a contingent offer?
I recently was interviewed for a hotel position, then asked to submit to a drug test which I then passed but still haven’t been offered the position. Is that legal? Isn’t that invasive?
Asked on July 29, 2017 under Employment Labor Law, Hawaii
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You could have refused to take such a test, at least without an offer first being made. However, you chose not to do so. Accordingly, the test was legal. There is no prohibition against a company requiring pre-employment drug testing, wether or not a job has been offered.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It is legal. There is no law saying that you must get a contingent job offer before doing a drug test, or that if you pass the test you must gt the job. They asked you to take a drug test; you agreed to take it, when you could have refused (and accepted not getting the job) or told them you'd only take it if there was a contingent offer; the fact that you agreed to take it without a contingent offer makes this legal.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.